Kerala High Court
Saranya Asokan vs Arun Narayanan Nair on 3 April, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
OP (FC) NO. 229 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.3119 OF 2021 OF FAMILY
COURT,ERNAKULAM
PETITIONER/S:
SARANYA ASOKAN, AGED 32 YEARS
W/O ARUN NARAYANAN NAIR, D-11/63, ASMITA JYOTI
CHS,CHARKOP NAKA, MARWE ROAD, MALAD WEST, MUMBAI,
MAHARASHTRA, INDIA REP BY POWER OF ATTORNEY HOLDER AND
FATHER ASOKAN RAMANATHAN SANKAR, AGED 62, S/O
RAMANATHAN SANKAR NAIR, PIN - 400095
BY ADVS.
S.RENJITH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
K.R.PRATHISH
RESPONDENT/S:
1 ARUN NARAYANAN NAIR
AGED 38 YEARS
S/O NARAYANAN BHASURI XXVIII/219, PIPELINE ROAD, MNRA
CROSS ROAD 6, THRIKAKKARA CHANGAMPUZHA NAGAR PO, NEXT
TO FALAFIL DUBAI TASTE OF ARABIA, ERNAKULAM, KERALA,
PIN - 682033
2 NARAYANAN NAIR
AGED 76 YEARS
BHASURI XXVIII/219, PIPELINE ROAD, MNRA CROSS ROAD 6,
THRIKAKKARA CHANGAMPUZHA NAGAR PO, NEXT TO FALAFIL
DUBAI TASTE OF ARABIA, ERNAKULAM, PIN - 682033
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING
2
OP (FC) NO. 229 of 2024
JUDGMENT
P.M.Manoj, J.
The petitioner herein is the petitioner in O.P.No.3119 of 2021 pending on
the files of the Family Court, Ernakulam. The Original Petition was preferred
seeking realisation of money with interest from the respondent. This Original
Petition is filed seeking expeditious consideration and disposal of the Original
Petition.
2. Sri. S. Ranjith, the learned counsel submitted that the petitioner has
preferred Ext.P2 application before the Family court seeking early disposal of
the petition and he requests that directions be issued to consider the
application in the light of the observations in Shiju Joy1.
3. In view of the nature of relief sought for by the petitioner, notice to
the respondent is dispensed with.
4. One of the main grievances of the petitioner is that though the
Original Petition was filed on 3.12.2021, the case is being adjourned
continuously. The respondent has been continuously absent and he has not
appeared on any date from 16.2.2022 to 30.2.2024. It is submitted that no
purpose would be served in the matter being adjourned by the Chief
Shiju Joy A. v. Nisha [2021 (2) KHC 462]
OP (FC) NO. 229 of 2024
Ministerial Officer.
4. We are of the view that the petitioner has a genuine grievance that
the respondent is merely protracting the matter.
5. Having considered the facts and circumstances and the submissions
advanced, this petition is disposed of directing the Family Court, Ernakulam to
consider the prayers in I.A No.1 of 2024 in the light of the observations in
Shiju Joy (supra), and initiate appropriate steps to expedite the matter.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ
JUDGE
das
OP (FC) NO. 229 of 2024
APPENDIX OF OP (FC) 229/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OP NO.3119 OF 2021 D
03.12.2021 BEFORE THE FAMILY COURT ERNAKU
Exhibit2 TRUE OFFICE COPY OF THE PETITION FOR E
DISPOSAL I.A NO. 1 OF 2024 IN OP NO.311
2021 DATED 13.03.2024 BEFORE THE FAMILY C
ERNAKULAM
